(ii) CIT v. Tractor & Farm Equipments

133 ITR 147High Court#19008 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 341,001 Indian tax judgments — from 2024 to 2024.

Issues it is cited on

section 250(2)interest u/s 234acommercial expediencyrule 46arevenue expenditurecapital expendituresection 234ascrutiny assessmentsection 139(1)section 68section 143(2)section 25

Judgments citing (ii) CIT v. Tractor & Farm Equipments

ACIT (Central)-1, Bhopal vs. Som Distilleries and Breweries Ltd., Bhopal

Appeal is partly allowed for statistical

ITA 297/IND/2023[2014-15]Status: DisposedITAT Indore08 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Som Distilleries & Income-Tax Officer, बनाम/ Breweries Limited, 1(1), Vs. Som House, Bhopal. 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Assessee/Appellant) (Revenue/Respondent) Ay:2014-15 Acit (Central)-1, Som Distilleries & बनाम/ Bhopal Breweries Limited, Vs. Som House, 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Revenue/Appellant) (Assessee/Respondent)

Section 139(1)Section 143(2)Section 143(3)Section 14ASection 234A

…s were repaired and resurfaced in order to make them conducive for use and therefore, the expenditure is revenue in nature and is fully allowable as deduction. Similar view was taken by Hon'ble Madras High Court in the case of CIT vs Tractor & farm Equipments 133 ITR 147 (Mad). Hence, expenditure incurred on repair and maintenance of road is revenue expenditure. 3.3.5 In view of the above discussion, the addition made by the Ld AO amounting to Rs. 2,40,11,928/- is deleted. Therefore, appeal on this ground is allowed.” 30. Before us, Ld. DR for revenue supported the order of AO. He emphasized that the AO has obse…

Som Distilleries and Breweries Ltd., Bhopal vs. ITO-1(1), Bhopal

Appeal is partly allowed for statistical

ITA 271/IND/2023[2013-14]Status: DisposedITAT Indore08 Aug 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Som Distilleries & Income-Tax Officer, बनाम/ Breweries Limited, 1(1), Vs. Som House, Bhopal. 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Assessee/Appellant) (Revenue/Respondent) Ay:2014-15 Acit (Central)-1, Som Distilleries & बनाम/ Bhopal Breweries Limited, Vs. Som House, 23, Zone Ii, M.P. Nagar, Bhopal (Pan: Aabcs3374B) (Revenue/Appellant) (Assessee/Respondent)

Section 139(1)Section 143(2)Section 143(3)Section 14ASection 234A

…s were repaired and resurfaced in order to make them conducive for use and therefore, the expenditure is revenue in nature and is fully allowable as deduction. Similar view was taken by Hon'ble Madras High Court in the case of CIT vs Tractor & farm Equipments 133 ITR 147 (Mad). Hence, expenditure incurred on repair and maintenance of road is revenue expenditure. 3.3.5 In view of the above discussion, the addition made by the Ld AO amounting to Rs. 2,40,11,928/- is deleted. Therefore, appeal on this ground is allowed.” 30. Before us, Ld. DR for revenue supported the order of AO. He emphasized that the AO has obse…

Asst. Commissioner of Income Tax (Central)-I, Bhopal vs. Som Distilleries Private Limited, Bhopal

Appeal is partly allowed for statistical

ITA 289/IND/2023[2014-15]Status: DisposedITAT Indore02 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 139(1)Section 143(2)Section 143(3)Section 234A

…and routine repairs, could not be said to be of capital nature. Conclusion : Expenditure incurred by assessee on resurfacing of road did not result in enduring benefit, hence the expenditure is not capital expenditure. (ii) CIT Vs. Tractor & Farm Equipments – 133 ITR 147 (Mad) . In this case, it is held as under :- There was no question of any advantage much less an advantage of enduring nature arising out of expenditure. The condition of the roads depends on the heaviness of the rain during monsoon and, therefore, sometimes repairs would have to be effected more often or less often depending on the intensity of…

Som Distilleries Pvt. Ltd., Bhopal vs. ITO-1(3), Bhopal

Appeal is partly allowed for statistical

ITA 272/IND/2023[2014-15]Status: DisposedITAT Indore02 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 139(1)Section 143(2)Section 143(3)Section 234A

…and routine repairs, could not be said to be of capital nature. Conclusion : Expenditure incurred by assessee on resurfacing of road did not result in enduring benefit, hence the expenditure is not capital expenditure. (ii) CIT Vs. Tractor & Farm Equipments – 133 ITR 147 (Mad) . In this case, it is held as under :- There was no question of any advantage much less an advantage of enduring nature arising out of expenditure. The condition of the roads depends on the heaviness of the rain during monsoon and, therefore, sometimes repairs would have to be effected more often or less often depending on the intensity of…

(ii) CIT v. Tractor & Farm Equipments (133 ITR 147) — Cited in 4 Judgments | BharatTax